A handful of states do not have legal parameters for separation, only for divorce; however, Arizona recognizes that some spouses prefer to remain legally married while enjoying the protections afforded by the legal system in a way that’s similar to divorce. A legal separation agreement in Arizona helps spouses to set the terms for separating one household into two and sharing custody of their children, while they remain legally married. A Chandler divorce lawyer can help you navigate the complexities of legal separation agreements, ensuring your rights and interests are protected throughout the process.
There are many valid reasons why spouses may choose not to irrevocably dissolve their marriage even if they prefer to live apart. Common reasons for a legal separation in Arizona include the following:
A legal separation affords the same rights and obligations as a divorce, including all terms commonly found in divorce decrees, but spouses who choose a legal separation remain legally married and cannot marry anyone else unless they complete the divorce process.
The process for filing for legal separation in Arizona is very similar to the divorce process. It begins with one spouse filing a decree of legal separation and becoming the petitioner in the case while the other spouse is the respondent. Alternatively, both spouses may file together as co-petitioners. Both spouses should have attorneys representing their best interests and assisting with the legalities of the process. Often, the spouses and their attorneys attend hearings for temporary orders, such as a parenting time schedule and child support. These are signed into binding orders when the judge issues the separation either in a final hearing or when the attorneys present a signed separation agreement to the judge.
Just as in divorce, spouses who legally separate may negotiate the terms of their separation agreement with the help of their spouses and a professional mediator. The separation agreement considers all aspects of divorce though it does not dissolve the marriage. A separation agreement in Arizona must include the following:
Also included may be terms protecting one spouse’s right to remain in the marital home. If the spouses cannot reach mutually agreed-upon terms for any of the above aspects of the settlement agreement, there may be a court hearing for a judge to decide, just as in the divorce process. It’s always beneficial for separating spouses to reach the terms of the separation agreement without requiring a judge to resolve disputes and decide for them. Just as in a divorce, spouses know their children, their schedule, and their attachment to specific marital assets better than a judge; however, if separating spouses cannot come to terms for a separation agreement, a judge will hear both sides presented in court, make the decisions, and sign the separation orders.
If separated spouses reunite, their attorneys will assist them in filing to overturn the separation agreement. If they choose to divorce, it’s typically an easy process to turn their separation agreement into a divorce agreement and complete the process for the dissolution of their marriage.
Just as in divorce, a separation agreement is a meticulous legal process with much at stake. Call Wilson Goodman Law Group, PLLC for experienced representation to protect your best interests throughout the process. A skilled Chandler family law attorney can provide the guidance and advocacy you need to navigate this challenging time with confidence.
